Vikas Agyaprasad Mishra v. State Of Maharashtra And ANR

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68. IA 1715 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1715 OF 2024 IN CRIMINAL WRIT PETITION NO. 1390 OF 2023 Vikas Agyaprasad Mishra .....Applicant

Versus

State of Maharashtra and Anr.

.....Respondents ----- Mr. Vinod Utekar i/by Vrushali Patil - Advocate for the Applicant.

Mr. S. R. Agarkar - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 31st JANUARY 2025 P.C. :

1.

This is an application for restoration of Criminal Writ Petition No. 1390 of 2023 which was dismissed for non prosecution vide order dated 21.04.2023.

2.

Learned Counsel for the Applicant submitted that on that date, learned Counsel for the Petitioner was unable to remain present before the Court because of her ill health as she was by SEEMA KSHITIJ YELKAR Date:

2025.02.07 11:29:13 +0530 SEEMA KSHITIJ YELKAR Seema

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68. IA 1715 of 2024.odt suffering from intermittent spasm of back muscles and it was result of dislocated lumber spine. Her absence was not intentional.

3.

Considering the submissions and in the interest of justice, interim application is allowed. Criminal Writ Petition No. 1390 of 2023 is restored to its original file.

4.

Accordingly, interim application is disposed of. 5.

Learned Counsel for the Petitioner is at liberty to seek circulation of the main writ petition.

(S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Seema